Hong Kong Case Law: Decisions & Judgments

Topic

Indefeasible possessory title

Legal area

Court

10 Jul 2023

TANG CHAI WOH AND OTHERS v. Personal Representative of the Estate of TANG MAN SHAU, Deceased

Citation

[2023] HKCFI 1757
Court

Court of First Instance
Case number

HCA1946/2020

The plaintiffs established joint indefeasible possessory title to the Subject Lots by adverse possession because they demonstrated exclusive physical control, requisite animus possidendi and continuous possession for the requisite period; in the absence of any defence and pursuant to Order 19 r 7 the court granted default judgment and the declaratory relief sought, with the title described as an "indefeasible possessory title".
10 May 2018

HUI CHUNG YAU v. HUI HUNG KIM alias LU HAI

Citation

[2018] HKDC 497
Court

District Court
Case number

DCCJ3075/2014

The plaintiff established continuous exclusive adverse possession (and a prior period by his predecessor) exceeding twenty years, the defendant had been effectively ousted by long absence and non‑assertion, and therefore the defendant's legal and beneficial interests were extinguished under Section 17 of the Limitation Ordinance, so the plaintiff acquired an indefeasible possessory title.
17 Jun 2016

HINTMAX DEVELOPMENT LTD v. WONG HO CHUEN AND ANOTHER

Citation

HINTMAX DEVELOPMENT LTD v. WONG HO CHUEN AND ANOTHER
Court

Court of First Instance
Case number

HCA2586/2014

Plaintiff demonstrated exclusive possession and intention to possess the Defendants' Land from at least 1 March 2002 through to beyond 1 December 2014, satisfying the 12‑year limitation period; accordingly the defendants' title was extinguished under section 17 of the Limitation Ordinance and the court could properly grant the declaratory relief sought without a full trial because the declarations were necessary for the proposed sale.
18 Sept 2014

FUNG SHEK WA v. CHANG LAI YUE

Citation

FUNG SHEK WA v. CHANG LAI YUE
Court

Court of First Instance
Case number

HCA2258/2013

The appeal was dismissed because on a rehearing the court concluded it would be inappropriate to grant interlocutory declaratory relief by default judgment on unproved pleaded allegations where extrinsic records (Town Planning correspondence and Land Registry incumbrances) raised real questions about defendant interest and potential mortgagee interests; plaintiff must produce the registered documents, satisfy the court on service and explain why registered mortgagees or other parties need not be joined before any declaration is made.
14 Mar 2011

YAN WUN KWONG v. THE ESTATE OF HONG KING LOO alias LO KING HEUNG DECEASED

Citation

YAN WUN KWONG v. THE ESTATE OF HONG KING LOO alias LO KING HEUNG DECEASED
Court

District Court
Case number

DCCJ5370/2009

The court held that in the absence of any person representing the estate and no Defence filed the plaintiff was entitled to proceed and to default judgment; on the evidence the defendant's title to the Property was extinguished under section 17 of the Limitation Ordinance, Cap.347 and the plaintiff had been in adverse possession for over 20 years and thus acquired an indefeasible possessory title, and declaratory relief was properly grantable.

Hong Kong Case Law

TANG CHAI WOH AND OTHERS v. Personal Representative of the Estate of TANG MAN SHAU, Deceased

HUI CHUNG YAU v. HUI HUNG KIM alias LU HAI

HINTMAX DEVELOPMENT LTD v. WONG HO CHUEN AND ANOTHER

FUNG SHEK WA v. CHANG LAI YUE

YAN WUN KWONG v. THE ESTATE OF HONG KING LOO alias LO KING HEUNG DECEASED